AG v Kean [2003] JRC 022 (31 January 2003)

AG v Kean [2003] JRC 022 (31 January 2003)

Exceptional and unusual circumstances justified a departure from the usual custodial sentence, allowing for probation with treatment conditions instead.

Citation
[2003] JRC 022
Parties
Defendant: Unknown Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
31 January 2003
Procedural Posture
Criminal / Sentencing
Outcome
Defendant placed on probation for 1 year with conditions; drugs forfeited and destroyed.
Legal Topics
Sentencing, Drug Offences, Probation
Criminal Law Sentencing Drug Offences Probation

Case Brief

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Parties

Unknown Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether exceptional circumstances justify departure from the usual custodial sentence for possession with intent to supply Class A drugs

Ratio Decidendi

Exceptional and unusual circumstances justified a departure from the usual custodial sentence, allowing for probation with treatment conditions instead.

Court Disposition

Defendant placed on probation for 1 year with conditions; drugs forfeited and destroyed.

Orders

  • Placed on probation for 1 year
  • Attend SMART Course or programme